FAQ: Understanding Section 1983 Civil Rights Lawsuits in Luzerne County, Pennsylvania

Civil rights violations by government officials are serious—and unfortunately, they do happen here in Northeastern Pennsylvania. If your constitutional rights were violated by police, jail staff, or other government actors in Luzerne County or the surrounding area, you may have legal recourse under 42 U.S.C. § 1983, commonly referred to as a Section 1983 civil rights lawsuit.

Below are answers to common questions we hear from clients in Wilkes-Barre, Hazleton, Nanticoke, Kingston, and throughout Luzerne County.

What does it mean if my civil rights have been violated?

The U.S. Constitution protects individuals from abuse and overreach by government officials. If a state or local actor—such as a police officer, prison guard, or other government representative—violates those rights, you may have a civil claim. Victims can seek money damages (such as lost wages, medical bills, and pain and suffering) and injunctive relief to stop the misconduct.

What is a Section 1983 lawsuit?

A Section 1983 lawsuit is a legal claim brought under the Civil Rights Act of 1871 (42 U.S.C. § 1983). It allows individuals to sue state and local officials who violate their federal rights, such as:

• False arrest
• Excessive force or police brutality
• Malicious prosecution
• Denial of medical care in custody
• Violations of the First or Fourteenth Amendment

Who can be sued under Section 1983?

Depending on the facts, defendants may include:

• Individual police officers or correctional officers
• Supervisors who failed to discipline or train officers
• Municipalities (such as cities, boroughs, or Luzerne County itself) when a policy, custom, or failure to train caused the violation

Municipal liability often arises when unconstitutional conduct is not an isolated incident, but part of a broader pattern.

What damages are available in a Section 1983 lawsuit?

If successful, you may recover:

• Medical expenses
• Lost wages and reduced earning capacity
• Pain and suffering
• Attorney's fees and costs

In cases of reckless or callous disregard for your rights, punitive damages may also be awarded (though not against municipalities).

How long do I have to file a Section 1983 lawsuit in Pennsylvania?

In Pennsylvania, the statute of limitations for a Section 1983 lawsuit is two years from the date your claim accrues.

Do government officials have immunity?

Yes. Certain officials, like judges and prosecutors, have absolute immunity from money damages. Others may have qualified immunity, which can protect them unless they violated a “clearly established” constitutional right.

Can I sue federal officials under Section 1983?

Generally, no. Section 1983 applies to state and local officials. However, you may bring a similar claim, called a Bivens action, against federal officials who personally violate your constitutional rights.

What should I do if my civil rights were violated in Luzerne County?

Civil rights cases are complex and move quickly. Evidence such as body camera footage, surveillance video, medical records, and witness statements must be preserved early.

If you believe your rights were violated by police or other officials in Luzerne County or Northeastern Pennsylvania, speak with an attorney who handles Section 1983 civil rights litigation as soon as possible.

Contact Sklarosky Law Today

At Sklarosky Law, we represent individuals throughout Luzerne County and Northeastern Pennsylvania in civil rights cases involving police misconduct, unlawful arrests, and abuse of authority.

If you or a loved one believe your civil rights have been violated, call us today at (570) 283-1200 or use our online contact form to schedule a consultation.